124 - LAND USE DEFINITIONS
This chapter defines the land uses permitted and conditionally permitted in within each zoning district as specified in Part 2 (Zoning Districts) of the zoning code.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)
A.
Accessory Dwelling Units. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on the parcel, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or multifamily dwelling is situated. This includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Further includes a junior accessory dwelling unit which is a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence and includes separate or shared sanitation facilities with the existing structure.
B.
Agricultural Labor Accommodations. Housing for transient labor, such as labor cabins or camps, where incidental to a permitted agricultural use.
C.
Caretaker Quarters. A residence that is accessory to a nonresidential primary use of the site, where needed for security, or twenty-four-hour care or supervision.
D.
Duets. A residential structure that contains two independent dwelling units, each with its own entrance that are separated by a property line along a shared building wall with each unit located on a separate lot.
E.
Duplexes. A single residential structure on one lot that contains two independent dwelling units, each with its own entrance.
F.
Group Housing.
1.
Housing shared by unrelated persons with disabilities that provide peer and other supportive services for their residents' disability related needs but not services that require licenses under state law and in which residents share cooking, dining, and living areas.
2.
Includes group homes that may provide some supportive services for their residents but not services that require licenses under state law (see "Residential Care Facilities").
G.
Live/Work Units. A building or space within a building that is used jointly for commercial and residential purposes.
H.
Mixed Use Residential. A development project with both residential and commercial/office uses which are either 1) located together in a single building; or 2) in separate buildings on a single site of one or more contiguous properties.
I.
Multifamily Dwellings. A building that contains three or more dwelling units, with each unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Includes multifamily senior housing limited to occupancy by persons fifty-five years of age or older for residents who are independent and do not require assistance with everyday living ("independent living").
J.
Nursing Homes and Long-Term Care. Establishments that provide twenty-four-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the state of California. Excludes "residential care facilities" and "senior housing."
K.
Residential Care Facilities.
1.
A state licensed facility as a residential care facility for the elderly or a residential care facility as defined in the California Health and Safety Code.
2.
Includes group homes that provide services that require licenses under state law serving more than six residents.
L.
Residential Care Facilities, Small. A state licensed facility as a residential care facility for the elderly or a residential care facility as defined in the California Health and Safety Code, or "Group Housing," serving six or fewer residents.
M.
Shared Living Residences. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Includes rooming and boarding houses, single-room occupancy housing, dormitories, and other types of organizational housing, and extended stay hotels intended for long-term occupancy (thirty days or more). Excludes "hotels and motels," "group housing," and "residential care facilities."
N.
Single-Family Dwellings. A residential structure designed for occupancy by one household. A single-family dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Includes all construction types, including prefabricated and manufactured homes.
O.
Single-Family Attached Dwellings. Three or more single-family dwelling units connected by common walls along the side property lines, sometimes called a townhouse or row house. Excludes "duplexes" and "duets."
P.
Single-Family Detached Dwellings. A detached building that contains one single-family dwelling.
Q.
Supportive Housing. A residential structure with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target population shall mean persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
R.
Transitional Housing. A residential structure configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2313 N.S., § 2, 12-18-2019; Ord. No. 2352, § 17, 4-24-2024)
A.
Cemeteries. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including crematories, mausoleums, burial places, columbariums, and memorial gardens.
B.
Colleges and Trade Schools. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees. Includes junior colleges, business and computer schools, management training, vocational education, and technical and trade schools.
C.
Community Assembly. Facilities that provide space for public or private meetings or gatherings. Includes places of worship, community centers, meeting space for clubs and other membership organizations, social halls, union halls, banquet centers, and other similar facilities.
D.
Cultural Institutions. Public or nonprofit institutions that engages in cultural, scientific, and/or educational enrichment. Includes libraries, museums, performing art centers, aquariums, environmental education centers, non-profit art centers and galleries, botanical gardens, and other similar uses.
E.
Day Care Centers. Facilities that provide non-medical care and supervision of minors or adults for periods of less than twenty-four hours. Includes nursery schools, day nurseries, child care centers, infant day care centers, cooperative day care centers, adult day programs, and similar uses.
F.
Emergency Shelters. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
G.
Government Offices. Places of employment occupied by governmental agencies and their employees. Includes offices for administrative, clerical, and public contact functions but excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment.
H.
Home Day Care. Facilities providing daytime supervision and care for children where the provider permanently resides.
1.
Home Day Care, Large. A home day care facility supervising nine to fourteen children.
2.
Home Day Care, Small. A home day care facility supervising eight children or less.
I.
Hospitals. Facilities providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
J.
Instructional Services. Establishments that offer specialized programs in personal growth and development. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.
K.
Low Barrier Navigation Centers. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1.
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2.
Pets.
3.
The storage of possessions.
4.
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
L.
Medical Offices and Clinics. Facilities where medical, mental, dental, or other personal health services are provided on an outpatient basis using specialized equipment. Includes offices for physicians, dentists, and optometrists, diagnostic centers, blood banks and plaza centers, and emergency medical clinics offered exclusively on an out-patient basis. May include educational aspects such as medical instruction and/or training as well as house a laboratory, radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses. Excludes "hospitals." Includes reproductive health community clinics consistent with Government Code Section 6514.900 that provide medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
M.
Parks and Recreational Facilities. Non-commercial facilities that provide open space and/or recreational opportunities to the public. Includes parks, community gardens, community centers, passive and active open space, wildlife preserves, playing fields, tennis courts, swimming pools, gymnasiums, and other similar facilities.
N.
Public Safety Facilities. Facilities operated by a governmental agency for the purpose of protecting public safety. Includes fire stations and other fire-fighting facilities, police stations, public ambulance dispatch facilities, and other similar uses.
O.
Schools. Educational institutions providing instruction to minors as required by the California Education Code. Includes elementary, junior high, and high schools.
1.
School, Public. A school operated or under control of the Morgan Hill Unified School District or Santa Clara County Board of Education. Includes public charter schools.
2.
School, Private. A school operated or under control of an entity other than the Morgan Hill Unified School District or Santa Clara County Board of Education.
P.
Social Services. Establishments providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, and physical disabilities or to those persons in need of jobs, food, or clothing. Excludes residential care on an overnight, short-term, or long-term basis.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, § 18, 4-24-2024; Ord. No. 2362, § 18, 2-19-2025)
A.
Adult Businesses. See Section 18.92.020 (Adult Businesses) for definitions related to adult businesses.
B.
Animal-Related Uses.
1.
Animal Boarding. A facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the facility owner or operator. Includes kennels, pet day care, and animal shelters. Excludes "veterinarian clinics and hospitals" and pet shops that provide grooming service.
2.
Cat Café. An establishment whose principal business includes a restaurant/café at which cats may be adopted by patrons during normal business hours and boarded during off-business hours with a maximum of twenty cats permitted at any time on the premises. All cats made available for adoption at the cat café shall be obtained from an animal rescue organization, shall be spayed or neutered, and shall have received all required vaccinations prior to being permitted at the cat café premises. The cat café shall comply with Title 6 (Animals) and the Santa Clara County Department of Environmental Health.
3.
Equestrian Centers. A commercial or private facility created and maintained for accommodating, training or competing horses. May includes barn or stables, riding halls, and riding academies.
4.
Veterinarian Clinics and Hospitals. Office and medical treatment facilities used by veterinarians where animals receive medical and surgical treatment, including large and small animal veterinary clinics and animal hospitals. Grooming and temporary boarding of animals for thirty days is included if incidental to the hospital use. Excludes "animal boarding" and pet stores ("retail sales").
C.
Banks and Financial Institutions. A financial institution providing retail banking services. Includes only those institutions serving walk-in customers or clients, including federally chartered banks, savings associations, industrial loan companies, and credit unions providing retail banking services to individuals and businesses. This classification expressly excludes payday lending businesses or check cashing businesses, and as a result, the establishment, expansion, or relocation of such businesses is prohibited. The term "payday lending business" means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d). The term "check cashing business" means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code section 1789.31.
D.
Business Support Services. An establishment entirely within a building, providing other businesses and residents with goods and services including maintenance, repair and service, testing, and rental. Includes businesses providing services related to advertising and mailing; building maintenance; equipment rental and leasing; catering; party rentals; janitorial supplies and services; property management; messenger, courier, postal and delivery services; taxicab and limousine operations; ambulance services; nonemergency medical transport; office supply; packaging and labeling; photofinishing; photocopying, printing and blueprinting; security services; and knowledge-based computer software development and technical support.
E.
Cinemas and Theaters. Facilities for indoor display of films and for live dramatic, musical, and artistic performances. Excludes theatres associated with "adult businesses."
F.
Commercial Recreation. A facility providing recreation, amusement, and entertainment services for a fee or admission charge.
1.
Commercial Recreation, Indoor. A commercial recreation facility primarily located indoors. Includes gymnasiums, health clubs, bowling alleys, indoor tennis and racquet courts, indoor swimming pools, laser tag and other similar games, indoor batting cages, electronic arcade games, pool halls, and other similar uses. Excludes "instructional services."
2.
Commercial Recreation, Outdoor. A commercial recreation facility primarily located outdoors. Includes batting cages, swimming pools, driving ranges, tennis courts, golf courses, miniature golf, and other similar uses.
G.
Drive-Through and Drive-in Facilities. A facility where a customer, either by the design of physical facilities or by the service procedures offered, is served while remaining seated within a vehicle. Includes drive-through restaurants, coffee shops, pharmacies, banks, automatic car washes, and other similar land uses. Drive-through and drive-in facilities must be associated with a permitted use that has received all required permits and approvals (e.g., a conditional use permit for a fast food restaurant use).
H.
Eating and Drinking Uses.
1.
Bars and Nightclubs. Businesses devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Includes cocktail lounges, lounges, taverns, and other similar uses.
2.
Restaurants, Fast Food. An establishment whose principal business is the sale of prepared or quickly prepared foods, frozen desserts, or beverages in disposable containers and wrappers to the customer for consumption either within the restaurant building or for carryout. Customers pay before food is consumed. The fast food restaurant may include a drive-thru window and may allow consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, at other facilities on the premises outside the restaurant building or at ancillary seating areas provided within the restaurant building. Fast food restaurants may include, but are not limited to, bakeries, ice cream parlors, coffee and juice shops, pizza parlors, sandwich shops, and delicatessens.
3.
Restaurants, Sit-Down.
a.
An establishment with kitchen facilities whose principal business is the sale of foods, desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
(1)
Customers, normally provided with an individual menu, are served their food, desserts, or beverages on reusable tableware by a restaurant employee at the same table or counter at which said items are consumed.
(2)
A cafeteria-type operation where food, desserts, or beverages generally are consumed within the restaurant building.
b.
A facility shall be classified as a sit-down restaurant only if it receives at least fifty percent of its gross revenues from serving food. A sit-down restaurant may include a bar serving alcoholic beverages and may have a "take-out" component which does not include a drive through component (unless a conditional use permit has been obtained), provided that the restaurant's on-site food sales account for more than fifty percent of its gross revenues.
4.
Tasting Rooms. A facility allowing public tasting of wine, beer, and/or other alcoholic beverages with on-site and off-site retail sales directly to the public. The tasting facility must by directly affiliated with at least one commercial winery, brewery, or distillery located within Santa Clara County and licensed by the Alcoholic Beverage Control (ABC).
I.
Farmers Market. A permanent or temporary market facility in which the primary activity is the sale of fresh agricultural goods on a year-round or seasonal basis and the sale of agricultural goods constitutes at least two-thirds of the gross sales for the use.
J.
Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead. Includes areas for assembly services and living quarters for the funeral parlor manager.
K.
Lodging Facilities.
1.
Bed and Breakfast. A residential structure that is in residential use with one or more bedrooms rented for overnight lodging and where meals may be provided.
2.
Hotels and Motels. A facility with guest rooms or suites, provided with or without meals and no more than half kitchen facilities, rented to the general public for overnight or other temporary lodging (less than thirty days). Includes hotels, motels, motor lodges, extended-stay hotels, and tourist courts. Lodging facilities may typically include services in addition to lodging, including restaurants, meeting facilities, personal services, and other accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, and parking.
L.
Mini-Storage. One or more building in a controlled access and fully enclosed compound which contain separate storage spaces of varying size for the storage of customer's goods and possessions.
M.
Personal Services. An establishment that provides services to individuals and that may provide accessory retail sales of products related to the services provided. Includes barber shops and beauty salons, tanning salons, nail salons, tattoo parlors, state-licensed massage and health spa establishments, shoe repair, jewelry repair, travel agents, small-item repair services, picture framing, video/DVD rental, decorating and design services, pet grooming, self-service laundry and cleaning services, laundry and cleaning pick-up stations (where bulk cleaning and servicing is done elsewhere), dry cleaners that directly serve individual customers, and other similar uses.
N.
Plant Nurseries. An establishment where plants and other agricultural products are grown for transplanting, for use of stock for building and grafting, or for sale on the premises
O.
Professional Offices. A place of employment occupied by businesses providing professional, executive, management, or administrative services. Includes offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, non-retail financial institutions, real estate agents, news services, photographers, engineers, employment agencies, real-estate agents, and other similar professions. Excludes "medical offices and clinics."
P.
Retail.
1.
Building Materials. An establishment engaged in the retail sale of lumber and other building materials primarily to contractors and home builders.
2.
Convenience Markets. A retail establishment which contains less than five thousand square feet of gross floor area allocated for the sale of groceries, staples, dairy products, sundry items, tobacco products and/or alcoholic beverages. Excludes full-service grocery stores containing less than five thousand square feet of gross floor area where at least ten percent of the floor area is allocated for the sale of fresh meat, seafood, and fresh produce products.
3.
Convenience Market with Fuel and Service Station. A retail business establishment that meets the combined definitions of Convenience Markets (See subsection 18.124.040(P)(2)) and Fuel and Service Stations (See subsection 18.124.040(Q)(1)).
4.
General Retail. Stores and shops selling merchandise to the general public. Includes grocery stores, specialty food markets, drug stores, general merchandise stores, department stores, clothing stores, pet stores, small hardware stores, cellular phone sales and service, florists, arts and crafts galleries, and other similar retail establishments. Excludes "building materials," "convenience markets," "home improvement centers," and "large commodity retail."
5.
Goods Produced On-Site. A retail establishment selling goods produced by a related on-site manufacturing use.
6.
Home Improvement Centers. A retail establishment which carries a full line of building materials, appurtenances, and decorator items primarily for homeowners (not contractors) to improve and maintain individual dwellings. Excludes building supply yards and lumberyards for contractors and home builders (see "building materials").
7.
Large Commodity Retail. A retail use where more than seventy-five percent of the gross floor area is used for display, sales, and related storage of bulky commodities, and which typically generate a demand for fewer parking spaces than do other types of retail uses. Includes retail sail of carpeting and floor covering; catalog and mail order sales; construction equipment and machinery; garden and farm equipment; heating, ventilating, air conditioning, and other mechanical equipment and supplies; kitchen, bathroom and plumbing appliances, equipment, and supplies; lumber and building materials; office furniture, equipment, and machinery, including computers; and household furniture.
8.
Liquor Store. A retail establishment, having a Type 21 (off-sale general) license issued through the alcoholic beverage control, and where all or the majority of the floor area for retail sales is allocated for the sale of alcoholic beverages (which includes beer, wine, and distilled spirits) for off-premises consumption
Q.
Vehicle-Related Uses.
1.
Fuel and Service Stations. A retail business establishment supplying fuels and oil and minor accessories for automobiles. Includes establishments supplying gasoline, hydrogen, and electric vehicle charging as a primary land use. Includes incidental food and beverage sales, car wash facilities, minor automotive repair and service, and towing service with up to two trucks. Excludes body and fender work, painting, and other major automotive repairs.
2.
Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. May provide incidental services, such as vehicle storage and emergency road repair services.
3.
Vehicle Rentals. The rental of automobiles and other similar light vehicles.
4.
Vehicle Repair and Maintenance, Major. An establishment providing not provided for under "vehicle repair and maintenance, minor," including, but not limited to, general repair, rebuilding or reconditioning of: major vehicle components, such as engines, transmissions and differentials; non-passenger vehicles, motor homes or trailers and trucks exceeding one and one-half ton capacity; or body, frame or fender components, including collisions service, upholstery or painting.
5.
Vehicle Repair and Maintenance, Minor. An establishment providing general service and maintenance of passenger cars and trucks not exceeding one and one-half ton capacity. Service may include the repair or replacement of worn or defective parts and gaskets external to the basic engine block, such as intake and exhaust manifolds, carburetors and water pumps; engine replacement; the repair or replacement of worn or defective brake parts, clutch parts, mufflers, exhaust system parts, wheel bearings, shock absorbers, tires, batteries, spark plugs and other accessible minor parts; and maintenance work such as the changing or supplementing of vehicle fluids and the adjustment of mechanical components while on the vehicle.
6.
Vehicle Sales and Leasing. The retail sales or rental of new or used vehicles. Includes the sale of vehicle parts and vehicle repair, provided that these activities are incidental to the sale of vehicles.
7.
Vehicle Storage, Outdoor. Storage of operative or inoperative vehicles for long term storage in open lots. Includes, but is not limited to, storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, recreation vehicles, and boats; including satellite storage of vehicles related to vehicle sales and leasing. Does not include the storage of customer's goods and possessions (see Mini-Storage) or retail sales (see Vehicle Sales and Leasing).
8.
Vehicle Washing. The washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.
R.
Wholesaling. The sale of goods for resale, or the sale of goods produced or processed from raw or primary materials on the premises, or the sale of construction materials which require bulk delivery of the product.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2310 N.S., § 4, 12-18-2019; Ord. No. 2352, § 19, 4-24-2024; Ord. No. 2362, § 19, 2-19-2025)
A.
Construction and Material Yards. Storage of construction materials and/or heavy equipment on a site other than a construction site.
B.
Food and Beverage Production. A manufacturing establishment producing or processing food products or beverages for off-site consumption and wholesale distribution where the processing of food is primarily from previously prepared or farmed ingredients.
C.
Heavy Distribution. A fulfillment center or similar use with a minimum gross floor area of one hundred thousand square feet and a minimum ceiling height of twenty-four feet. The fulfillment center's primary purpose is storage and distribution of e-commerce products to consumers or end-users, either directly or through a parcel hub. Heavy distribution is prohibited in all zones in the City of Morgan Hill.
D.
Manufacturing, Light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing. Includes manufacture of electric and electronic instruments and devices. Excludes saw and planing mill sand manufacturing uses involving primary production of wood, metal or chemical products from raw materials. For purpose of this definition, the term "Assembly" includes creation of a component or end item made from a number of parts and subassemblies. Assembly does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e-commerce or of wholesale trading.
E.
Manufacturing, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Includes operations such as agriculture processing, apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.
F.
Parcel Hub. A "last mile" facility or similar establishment for the processing and/or re-distribution of parcels or products. A parcel hub's primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than ten thousand pounds, for delivery directly to consumers or end-users primarily within the Morgan Hill zip code.
1.
Parcel Hub, Large. A parcel hub facility that occupies seventy-five thousand square feet or more in building area.
2.
Parcel Hub, Small. A parcel hub facility that occupies less than seventy-five thousand square feet in building area.
G.
Parcel Sorting Facilities. Establishments for the sorting and or re-distribution of parcels or products from heavy distribution (fulfillment centers) to a parcel hub via intramodal transit truck to truck.
H.
Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. Includes assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities.
I.
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
J.
Warehousing and Distribution. A use engaged in storage, wholesale and distribution of manufactured products, supplies, and equipment to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; and bottling works.
1.
Warehousing and Distribution, Large. A warehousing distribution facility seventy-five thousand square feet or more in building/or use area.
2.
Warehousing and Distribution, Small. A warehousing distribution facility less than seventy-five thousand square feet in building area, or as a secondary/companion use of no more than seventy-five thousand square feet ancillary to another activity contained within a larger building area.
3.
Outdoor Storage. Storage of commercial goods in open lots.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2317, N.S., § 3, 11-18-2020; Ord. No. 2320, § 3, 4-7-2021; Ord. No. N.S., 2329, § 2, 3-16-2022; Ord. No. 2343 N.S., § 2, 11-8-2022)
A.
Freight Terminals and Transfer. Facilities for transfer and movement of freight, courier, and postal services by truck or rail. Excludes "light fleet-based services."
B.
Light Fleet-Based Services. Passenger transportation services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than ten thousand pounds. Includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, and similar businesses. Excludes towing operations (see "Towing and Impound") or delivery services with two or fewer fleet vehicles on site (see "Business Support Services").
C.
Parking Lots and Structures. Surface lots and structures for use of occupants, employees, or patrons on the subject site or offering parking to the public for a fee when such use is not incidental to another on-site activity.
D.
Recycling Facilities.
1.
Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.
2.
Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on site.
3.
Recycling Processing Facility. A facility that receives and processes recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
E.
Transportation Terminals. Facilities for passenger transportation operations. Includes rail stations and bus terminals but does not include terminals serving airports or heliports.
F.
Utilities, Major. A permanent structure or facility providing a utility service to the general public. Includes generating plants, electric substations, solid waste collection, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities. Excludes utilities that are necessary to serve development within the immediate vicinity such as electrical distribution lines and underground water and sewer lines
G.
Wireless Communication Facilities. See Chapter 18.96 (Wireless Communication Facilities).
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2317, N.S., § 4, 11-18-2020)
A.
Animal Raising and Production. The keeping of cattle, sheep, goats, hogs, poultry, or other livestock on farms, rangeland, or pasture. Excludes slaughterhouses and animal product processing uses.
B.
Animal Raising and Production, Intensive. An animal raising and production operation that does not qualify as "animal rising and production, limited."
C.
Animal Raising and Production, Limited. An animal raising and production operation with no more than two livestock animals per acre up to a maximum of five animals; and no more than fifteen chickens, turkeys, ducks or other poultry. Excludes dairies, hog farms, feedlots, aquaculture, confined animal feeding operations, and other similar intensive animal raising and production operations.
D.
Crop Cultivation. The growing and harvesting of agricultural produce for food and fiber. Includes farms, orchards, groves, greenhouses, lath houses, horticultural nurseries, and wholesale nurseries primarily engaged in growing crops, plants, vines, or trees and their seeds. May include accessory uses for packing, processing, treating, and storing crops grown on site provided such accessory uses are secondary to crop production activities. Excludes growing of marijuana.
E.
Hunting Preserves. A private or public area for hunting captive-bred game birds and other wildlife.
F.
Urban Agriculture. "Urban agriculture" means activities involving the raising, cultivation, processing, marketing, and distribution of food in urban areas.
1.
"Home garden" means the property of a single-family or multifamily residence used for the cultivation of fruits, vegetables, plants, flowers, or herbs by the residents of the property, guests of the property owner, or a gardening business hired by the property owner.
2.
"Community garden" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.
3.
"Urban farm" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale.
G.
Wildlife Refuges. An area designated for the protection of wild animals, within which hunting and fishing are either prohibited or strictly regulated.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)
124 - LAND USE DEFINITIONS
This chapter defines the land uses permitted and conditionally permitted in within each zoning district as specified in Part 2 (Zoning Districts) of the zoning code.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)
A.
Accessory Dwelling Units. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on the parcel, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or multifamily dwelling is situated. This includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Further includes a junior accessory dwelling unit which is a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence and includes separate or shared sanitation facilities with the existing structure.
B.
Agricultural Labor Accommodations. Housing for transient labor, such as labor cabins or camps, where incidental to a permitted agricultural use.
C.
Caretaker Quarters. A residence that is accessory to a nonresidential primary use of the site, where needed for security, or twenty-four-hour care or supervision.
D.
Duets. A residential structure that contains two independent dwelling units, each with its own entrance that are separated by a property line along a shared building wall with each unit located on a separate lot.
E.
Duplexes. A single residential structure on one lot that contains two independent dwelling units, each with its own entrance.
F.
Group Housing.
1.
Housing shared by unrelated persons with disabilities that provide peer and other supportive services for their residents' disability related needs but not services that require licenses under state law and in which residents share cooking, dining, and living areas.
2.
Includes group homes that may provide some supportive services for their residents but not services that require licenses under state law (see "Residential Care Facilities").
G.
Live/Work Units. A building or space within a building that is used jointly for commercial and residential purposes.
H.
Mixed Use Residential. A development project with both residential and commercial/office uses which are either 1) located together in a single building; or 2) in separate buildings on a single site of one or more contiguous properties.
I.
Multifamily Dwellings. A building that contains three or more dwelling units, with each unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Includes multifamily senior housing limited to occupancy by persons fifty-five years of age or older for residents who are independent and do not require assistance with everyday living ("independent living").
J.
Nursing Homes and Long-Term Care. Establishments that provide twenty-four-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the state of California. Excludes "residential care facilities" and "senior housing."
K.
Residential Care Facilities.
1.
A state licensed facility as a residential care facility for the elderly or a residential care facility as defined in the California Health and Safety Code.
2.
Includes group homes that provide services that require licenses under state law serving more than six residents.
L.
Residential Care Facilities, Small. A state licensed facility as a residential care facility for the elderly or a residential care facility as defined in the California Health and Safety Code, or "Group Housing," serving six or fewer residents.
M.
Shared Living Residences. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Includes rooming and boarding houses, single-room occupancy housing, dormitories, and other types of organizational housing, and extended stay hotels intended for long-term occupancy (thirty days or more). Excludes "hotels and motels," "group housing," and "residential care facilities."
N.
Single-Family Dwellings. A residential structure designed for occupancy by one household. A single-family dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Includes all construction types, including prefabricated and manufactured homes.
O.
Single-Family Attached Dwellings. Three or more single-family dwelling units connected by common walls along the side property lines, sometimes called a townhouse or row house. Excludes "duplexes" and "duets."
P.
Single-Family Detached Dwellings. A detached building that contains one single-family dwelling.
Q.
Supportive Housing. A residential structure with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target population shall mean persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
R.
Transitional Housing. A residential structure configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2313 N.S., § 2, 12-18-2019; Ord. No. 2352, § 17, 4-24-2024)
A.
Cemeteries. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including crematories, mausoleums, burial places, columbariums, and memorial gardens.
B.
Colleges and Trade Schools. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees. Includes junior colleges, business and computer schools, management training, vocational education, and technical and trade schools.
C.
Community Assembly. Facilities that provide space for public or private meetings or gatherings. Includes places of worship, community centers, meeting space for clubs and other membership organizations, social halls, union halls, banquet centers, and other similar facilities.
D.
Cultural Institutions. Public or nonprofit institutions that engages in cultural, scientific, and/or educational enrichment. Includes libraries, museums, performing art centers, aquariums, environmental education centers, non-profit art centers and galleries, botanical gardens, and other similar uses.
E.
Day Care Centers. Facilities that provide non-medical care and supervision of minors or adults for periods of less than twenty-four hours. Includes nursery schools, day nurseries, child care centers, infant day care centers, cooperative day care centers, adult day programs, and similar uses.
F.
Emergency Shelters. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
G.
Government Offices. Places of employment occupied by governmental agencies and their employees. Includes offices for administrative, clerical, and public contact functions but excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment.
H.
Home Day Care. Facilities providing daytime supervision and care for children where the provider permanently resides.
1.
Home Day Care, Large. A home day care facility supervising nine to fourteen children.
2.
Home Day Care, Small. A home day care facility supervising eight children or less.
I.
Hospitals. Facilities providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
J.
Instructional Services. Establishments that offer specialized programs in personal growth and development. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.
K.
Low Barrier Navigation Centers. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1.
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2.
Pets.
3.
The storage of possessions.
4.
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
L.
Medical Offices and Clinics. Facilities where medical, mental, dental, or other personal health services are provided on an outpatient basis using specialized equipment. Includes offices for physicians, dentists, and optometrists, diagnostic centers, blood banks and plaza centers, and emergency medical clinics offered exclusively on an out-patient basis. May include educational aspects such as medical instruction and/or training as well as house a laboratory, radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses. Excludes "hospitals." Includes reproductive health community clinics consistent with Government Code Section 6514.900 that provide medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
M.
Parks and Recreational Facilities. Non-commercial facilities that provide open space and/or recreational opportunities to the public. Includes parks, community gardens, community centers, passive and active open space, wildlife preserves, playing fields, tennis courts, swimming pools, gymnasiums, and other similar facilities.
N.
Public Safety Facilities. Facilities operated by a governmental agency for the purpose of protecting public safety. Includes fire stations and other fire-fighting facilities, police stations, public ambulance dispatch facilities, and other similar uses.
O.
Schools. Educational institutions providing instruction to minors as required by the California Education Code. Includes elementary, junior high, and high schools.
1.
School, Public. A school operated or under control of the Morgan Hill Unified School District or Santa Clara County Board of Education. Includes public charter schools.
2.
School, Private. A school operated or under control of an entity other than the Morgan Hill Unified School District or Santa Clara County Board of Education.
P.
Social Services. Establishments providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, and physical disabilities or to those persons in need of jobs, food, or clothing. Excludes residential care on an overnight, short-term, or long-term basis.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, § 18, 4-24-2024; Ord. No. 2362, § 18, 2-19-2025)
A.
Adult Businesses. See Section 18.92.020 (Adult Businesses) for definitions related to adult businesses.
B.
Animal-Related Uses.
1.
Animal Boarding. A facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the facility owner or operator. Includes kennels, pet day care, and animal shelters. Excludes "veterinarian clinics and hospitals" and pet shops that provide grooming service.
2.
Cat Café. An establishment whose principal business includes a restaurant/café at which cats may be adopted by patrons during normal business hours and boarded during off-business hours with a maximum of twenty cats permitted at any time on the premises. All cats made available for adoption at the cat café shall be obtained from an animal rescue organization, shall be spayed or neutered, and shall have received all required vaccinations prior to being permitted at the cat café premises. The cat café shall comply with Title 6 (Animals) and the Santa Clara County Department of Environmental Health.
3.
Equestrian Centers. A commercial or private facility created and maintained for accommodating, training or competing horses. May includes barn or stables, riding halls, and riding academies.
4.
Veterinarian Clinics and Hospitals. Office and medical treatment facilities used by veterinarians where animals receive medical and surgical treatment, including large and small animal veterinary clinics and animal hospitals. Grooming and temporary boarding of animals for thirty days is included if incidental to the hospital use. Excludes "animal boarding" and pet stores ("retail sales").
C.
Banks and Financial Institutions. A financial institution providing retail banking services. Includes only those institutions serving walk-in customers or clients, including federally chartered banks, savings associations, industrial loan companies, and credit unions providing retail banking services to individuals and businesses. This classification expressly excludes payday lending businesses or check cashing businesses, and as a result, the establishment, expansion, or relocation of such businesses is prohibited. The term "payday lending business" means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d). The term "check cashing business" means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code section 1789.31.
D.
Business Support Services. An establishment entirely within a building, providing other businesses and residents with goods and services including maintenance, repair and service, testing, and rental. Includes businesses providing services related to advertising and mailing; building maintenance; equipment rental and leasing; catering; party rentals; janitorial supplies and services; property management; messenger, courier, postal and delivery services; taxicab and limousine operations; ambulance services; nonemergency medical transport; office supply; packaging and labeling; photofinishing; photocopying, printing and blueprinting; security services; and knowledge-based computer software development and technical support.
E.
Cinemas and Theaters. Facilities for indoor display of films and for live dramatic, musical, and artistic performances. Excludes theatres associated with "adult businesses."
F.
Commercial Recreation. A facility providing recreation, amusement, and entertainment services for a fee or admission charge.
1.
Commercial Recreation, Indoor. A commercial recreation facility primarily located indoors. Includes gymnasiums, health clubs, bowling alleys, indoor tennis and racquet courts, indoor swimming pools, laser tag and other similar games, indoor batting cages, electronic arcade games, pool halls, and other similar uses. Excludes "instructional services."
2.
Commercial Recreation, Outdoor. A commercial recreation facility primarily located outdoors. Includes batting cages, swimming pools, driving ranges, tennis courts, golf courses, miniature golf, and other similar uses.
G.
Drive-Through and Drive-in Facilities. A facility where a customer, either by the design of physical facilities or by the service procedures offered, is served while remaining seated within a vehicle. Includes drive-through restaurants, coffee shops, pharmacies, banks, automatic car washes, and other similar land uses. Drive-through and drive-in facilities must be associated with a permitted use that has received all required permits and approvals (e.g., a conditional use permit for a fast food restaurant use).
H.
Eating and Drinking Uses.
1.
Bars and Nightclubs. Businesses devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Includes cocktail lounges, lounges, taverns, and other similar uses.
2.
Restaurants, Fast Food. An establishment whose principal business is the sale of prepared or quickly prepared foods, frozen desserts, or beverages in disposable containers and wrappers to the customer for consumption either within the restaurant building or for carryout. Customers pay before food is consumed. The fast food restaurant may include a drive-thru window and may allow consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, at other facilities on the premises outside the restaurant building or at ancillary seating areas provided within the restaurant building. Fast food restaurants may include, but are not limited to, bakeries, ice cream parlors, coffee and juice shops, pizza parlors, sandwich shops, and delicatessens.
3.
Restaurants, Sit-Down.
a.
An establishment with kitchen facilities whose principal business is the sale of foods, desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
(1)
Customers, normally provided with an individual menu, are served their food, desserts, or beverages on reusable tableware by a restaurant employee at the same table or counter at which said items are consumed.
(2)
A cafeteria-type operation where food, desserts, or beverages generally are consumed within the restaurant building.
b.
A facility shall be classified as a sit-down restaurant only if it receives at least fifty percent of its gross revenues from serving food. A sit-down restaurant may include a bar serving alcoholic beverages and may have a "take-out" component which does not include a drive through component (unless a conditional use permit has been obtained), provided that the restaurant's on-site food sales account for more than fifty percent of its gross revenues.
4.
Tasting Rooms. A facility allowing public tasting of wine, beer, and/or other alcoholic beverages with on-site and off-site retail sales directly to the public. The tasting facility must by directly affiliated with at least one commercial winery, brewery, or distillery located within Santa Clara County and licensed by the Alcoholic Beverage Control (ABC).
I.
Farmers Market. A permanent or temporary market facility in which the primary activity is the sale of fresh agricultural goods on a year-round or seasonal basis and the sale of agricultural goods constitutes at least two-thirds of the gross sales for the use.
J.
Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead. Includes areas for assembly services and living quarters for the funeral parlor manager.
K.
Lodging Facilities.
1.
Bed and Breakfast. A residential structure that is in residential use with one or more bedrooms rented for overnight lodging and where meals may be provided.
2.
Hotels and Motels. A facility with guest rooms or suites, provided with or without meals and no more than half kitchen facilities, rented to the general public for overnight or other temporary lodging (less than thirty days). Includes hotels, motels, motor lodges, extended-stay hotels, and tourist courts. Lodging facilities may typically include services in addition to lodging, including restaurants, meeting facilities, personal services, and other accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, and parking.
L.
Mini-Storage. One or more building in a controlled access and fully enclosed compound which contain separate storage spaces of varying size for the storage of customer's goods and possessions.
M.
Personal Services. An establishment that provides services to individuals and that may provide accessory retail sales of products related to the services provided. Includes barber shops and beauty salons, tanning salons, nail salons, tattoo parlors, state-licensed massage and health spa establishments, shoe repair, jewelry repair, travel agents, small-item repair services, picture framing, video/DVD rental, decorating and design services, pet grooming, self-service laundry and cleaning services, laundry and cleaning pick-up stations (where bulk cleaning and servicing is done elsewhere), dry cleaners that directly serve individual customers, and other similar uses.
N.
Plant Nurseries. An establishment where plants and other agricultural products are grown for transplanting, for use of stock for building and grafting, or for sale on the premises
O.
Professional Offices. A place of employment occupied by businesses providing professional, executive, management, or administrative services. Includes offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, non-retail financial institutions, real estate agents, news services, photographers, engineers, employment agencies, real-estate agents, and other similar professions. Excludes "medical offices and clinics."
P.
Retail.
1.
Building Materials. An establishment engaged in the retail sale of lumber and other building materials primarily to contractors and home builders.
2.
Convenience Markets. A retail establishment which contains less than five thousand square feet of gross floor area allocated for the sale of groceries, staples, dairy products, sundry items, tobacco products and/or alcoholic beverages. Excludes full-service grocery stores containing less than five thousand square feet of gross floor area where at least ten percent of the floor area is allocated for the sale of fresh meat, seafood, and fresh produce products.
3.
Convenience Market with Fuel and Service Station. A retail business establishment that meets the combined definitions of Convenience Markets (See subsection 18.124.040(P)(2)) and Fuel and Service Stations (See subsection 18.124.040(Q)(1)).
4.
General Retail. Stores and shops selling merchandise to the general public. Includes grocery stores, specialty food markets, drug stores, general merchandise stores, department stores, clothing stores, pet stores, small hardware stores, cellular phone sales and service, florists, arts and crafts galleries, and other similar retail establishments. Excludes "building materials," "convenience markets," "home improvement centers," and "large commodity retail."
5.
Goods Produced On-Site. A retail establishment selling goods produced by a related on-site manufacturing use.
6.
Home Improvement Centers. A retail establishment which carries a full line of building materials, appurtenances, and decorator items primarily for homeowners (not contractors) to improve and maintain individual dwellings. Excludes building supply yards and lumberyards for contractors and home builders (see "building materials").
7.
Large Commodity Retail. A retail use where more than seventy-five percent of the gross floor area is used for display, sales, and related storage of bulky commodities, and which typically generate a demand for fewer parking spaces than do other types of retail uses. Includes retail sail of carpeting and floor covering; catalog and mail order sales; construction equipment and machinery; garden and farm equipment; heating, ventilating, air conditioning, and other mechanical equipment and supplies; kitchen, bathroom and plumbing appliances, equipment, and supplies; lumber and building materials; office furniture, equipment, and machinery, including computers; and household furniture.
8.
Liquor Store. A retail establishment, having a Type 21 (off-sale general) license issued through the alcoholic beverage control, and where all or the majority of the floor area for retail sales is allocated for the sale of alcoholic beverages (which includes beer, wine, and distilled spirits) for off-premises consumption
Q.
Vehicle-Related Uses.
1.
Fuel and Service Stations. A retail business establishment supplying fuels and oil and minor accessories for automobiles. Includes establishments supplying gasoline, hydrogen, and electric vehicle charging as a primary land use. Includes incidental food and beverage sales, car wash facilities, minor automotive repair and service, and towing service with up to two trucks. Excludes body and fender work, painting, and other major automotive repairs.
2.
Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. May provide incidental services, such as vehicle storage and emergency road repair services.
3.
Vehicle Rentals. The rental of automobiles and other similar light vehicles.
4.
Vehicle Repair and Maintenance, Major. An establishment providing not provided for under "vehicle repair and maintenance, minor," including, but not limited to, general repair, rebuilding or reconditioning of: major vehicle components, such as engines, transmissions and differentials; non-passenger vehicles, motor homes or trailers and trucks exceeding one and one-half ton capacity; or body, frame or fender components, including collisions service, upholstery or painting.
5.
Vehicle Repair and Maintenance, Minor. An establishment providing general service and maintenance of passenger cars and trucks not exceeding one and one-half ton capacity. Service may include the repair or replacement of worn or defective parts and gaskets external to the basic engine block, such as intake and exhaust manifolds, carburetors and water pumps; engine replacement; the repair or replacement of worn or defective brake parts, clutch parts, mufflers, exhaust system parts, wheel bearings, shock absorbers, tires, batteries, spark plugs and other accessible minor parts; and maintenance work such as the changing or supplementing of vehicle fluids and the adjustment of mechanical components while on the vehicle.
6.
Vehicle Sales and Leasing. The retail sales or rental of new or used vehicles. Includes the sale of vehicle parts and vehicle repair, provided that these activities are incidental to the sale of vehicles.
7.
Vehicle Storage, Outdoor. Storage of operative or inoperative vehicles for long term storage in open lots. Includes, but is not limited to, storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, recreation vehicles, and boats; including satellite storage of vehicles related to vehicle sales and leasing. Does not include the storage of customer's goods and possessions (see Mini-Storage) or retail sales (see Vehicle Sales and Leasing).
8.
Vehicle Washing. The washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.
R.
Wholesaling. The sale of goods for resale, or the sale of goods produced or processed from raw or primary materials on the premises, or the sale of construction materials which require bulk delivery of the product.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2310 N.S., § 4, 12-18-2019; Ord. No. 2352, § 19, 4-24-2024; Ord. No. 2362, § 19, 2-19-2025)
A.
Construction and Material Yards. Storage of construction materials and/or heavy equipment on a site other than a construction site.
B.
Food and Beverage Production. A manufacturing establishment producing or processing food products or beverages for off-site consumption and wholesale distribution where the processing of food is primarily from previously prepared or farmed ingredients.
C.
Heavy Distribution. A fulfillment center or similar use with a minimum gross floor area of one hundred thousand square feet and a minimum ceiling height of twenty-four feet. The fulfillment center's primary purpose is storage and distribution of e-commerce products to consumers or end-users, either directly or through a parcel hub. Heavy distribution is prohibited in all zones in the City of Morgan Hill.
D.
Manufacturing, Light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing. Includes manufacture of electric and electronic instruments and devices. Excludes saw and planing mill sand manufacturing uses involving primary production of wood, metal or chemical products from raw materials. For purpose of this definition, the term "Assembly" includes creation of a component or end item made from a number of parts and subassemblies. Assembly does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e-commerce or of wholesale trading.
E.
Manufacturing, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Includes operations such as agriculture processing, apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.
F.
Parcel Hub. A "last mile" facility or similar establishment for the processing and/or re-distribution of parcels or products. A parcel hub's primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than ten thousand pounds, for delivery directly to consumers or end-users primarily within the Morgan Hill zip code.
1.
Parcel Hub, Large. A parcel hub facility that occupies seventy-five thousand square feet or more in building area.
2.
Parcel Hub, Small. A parcel hub facility that occupies less than seventy-five thousand square feet in building area.
G.
Parcel Sorting Facilities. Establishments for the sorting and or re-distribution of parcels or products from heavy distribution (fulfillment centers) to a parcel hub via intramodal transit truck to truck.
H.
Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. Includes assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities.
I.
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
J.
Warehousing and Distribution. A use engaged in storage, wholesale and distribution of manufactured products, supplies, and equipment to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; and bottling works.
1.
Warehousing and Distribution, Large. A warehousing distribution facility seventy-five thousand square feet or more in building/or use area.
2.
Warehousing and Distribution, Small. A warehousing distribution facility less than seventy-five thousand square feet in building area, or as a secondary/companion use of no more than seventy-five thousand square feet ancillary to another activity contained within a larger building area.
3.
Outdoor Storage. Storage of commercial goods in open lots.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2317, N.S., § 3, 11-18-2020; Ord. No. 2320, § 3, 4-7-2021; Ord. No. N.S., 2329, § 2, 3-16-2022; Ord. No. 2343 N.S., § 2, 11-8-2022)
A.
Freight Terminals and Transfer. Facilities for transfer and movement of freight, courier, and postal services by truck or rail. Excludes "light fleet-based services."
B.
Light Fleet-Based Services. Passenger transportation services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than ten thousand pounds. Includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, and similar businesses. Excludes towing operations (see "Towing and Impound") or delivery services with two or fewer fleet vehicles on site (see "Business Support Services").
C.
Parking Lots and Structures. Surface lots and structures for use of occupants, employees, or patrons on the subject site or offering parking to the public for a fee when such use is not incidental to another on-site activity.
D.
Recycling Facilities.
1.
Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.
2.
Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on site.
3.
Recycling Processing Facility. A facility that receives and processes recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
E.
Transportation Terminals. Facilities for passenger transportation operations. Includes rail stations and bus terminals but does not include terminals serving airports or heliports.
F.
Utilities, Major. A permanent structure or facility providing a utility service to the general public. Includes generating plants, electric substations, solid waste collection, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities. Excludes utilities that are necessary to serve development within the immediate vicinity such as electrical distribution lines and underground water and sewer lines
G.
Wireless Communication Facilities. See Chapter 18.96 (Wireless Communication Facilities).
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2317, N.S., § 4, 11-18-2020)
A.
Animal Raising and Production. The keeping of cattle, sheep, goats, hogs, poultry, or other livestock on farms, rangeland, or pasture. Excludes slaughterhouses and animal product processing uses.
B.
Animal Raising and Production, Intensive. An animal raising and production operation that does not qualify as "animal rising and production, limited."
C.
Animal Raising and Production, Limited. An animal raising and production operation with no more than two livestock animals per acre up to a maximum of five animals; and no more than fifteen chickens, turkeys, ducks or other poultry. Excludes dairies, hog farms, feedlots, aquaculture, confined animal feeding operations, and other similar intensive animal raising and production operations.
D.
Crop Cultivation. The growing and harvesting of agricultural produce for food and fiber. Includes farms, orchards, groves, greenhouses, lath houses, horticultural nurseries, and wholesale nurseries primarily engaged in growing crops, plants, vines, or trees and their seeds. May include accessory uses for packing, processing, treating, and storing crops grown on site provided such accessory uses are secondary to crop production activities. Excludes growing of marijuana.
E.
Hunting Preserves. A private or public area for hunting captive-bred game birds and other wildlife.
F.
Urban Agriculture. "Urban agriculture" means activities involving the raising, cultivation, processing, marketing, and distribution of food in urban areas.
1.
"Home garden" means the property of a single-family or multifamily residence used for the cultivation of fruits, vegetables, plants, flowers, or herbs by the residents of the property, guests of the property owner, or a gardening business hired by the property owner.
2.
"Community garden" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.
3.
"Urban farm" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale.
G.
Wildlife Refuges. An area designated for the protection of wild animals, within which hunting and fishing are either prohibited or strictly regulated.
(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)